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22 Jan 2024, 9:01 pm by renholding
During his tenure, the Commission adopted a very significant and impactful regulation — rule 146 under the Securities Act of 1933 (the “Securities Act”).[1] If rule 146 does not ring a bell, do not worry. [read post]
22 Jan 2024, 1:10 am by INFORRM
Title II does not create a right to information. [read post]
21 Jan 2024, 9:05 pm by renholding
The SEC has frequently used Section 17(a) of the Securities Act of 1933, a provision that applies not only to the “sale” of securities but also more broadly to “offers” to sell securities.[6]  While termination of a Rule 10b5-1 plan does not constitute fraudulent conduct within the meaning of Rule 10b-5 because it does not involve an actual purchase or sale of a security, the same issue does not exist with respect to Section 17(a) liability. [read post]
20 Jan 2024, 7:25 am by Russell Knight
A judge must do their job but a judge does not have to do their job twice. [read post]
19 Jan 2024, 6:00 am by Public Employment Law Press
 The doctrine does not apply where a petitioner challenges a single discrete action, inaction, or decision and the resulting effects, even if continuous, are not intrinsically unlawful (Application of Ayers, 48 Ed Dept Rep 350, Decision No. 15,883; Appeal of a Student with a Disability, 48 id. 146, Decision No. 15,821, art 78 dismissed Matter of Reyes v Mills [Sup Ct, Albany County 2009, Zwack, J.]).I agree with respondent that petitioner’s reassignment was a discrete… [read post]
19 Jan 2024, 6:00 am by Public Employment Law Press
 The doctrine does not apply where a petitioner challenges a single discrete action, inaction, or decision and the resulting effects, even if continuous, are not intrinsically unlawful (Application of Ayers, 48 Ed Dept Rep 350, Decision No. 15,883; Appeal of a Student with a Disability, 48 id. 146, Decision No. 15,821, art 78 dismissed Matter of Reyes v Mills [Sup Ct, Albany County 2009, Zwack, J.]).I agree with respondent that petitioner’s reassignment was a discrete… [read post]
Starbucks takes the position that the two-factor test applied by the Sixth Circuit and others does not impose a sufficiently “onerous or heavy” burden on the NLRB and, as a result, these courts end up granting this special remedy too easily. [read post]
§ 355(j)(2)(A)(viii) (“section viii”) allows carving out infringing uses from generic labels. [read post]
18 Jan 2024, 9:00 am by R0m@n_@dmin
It is also important to note that distributing does not always mean selling. [read post]